1996 (1) TMI 68

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....spect of the claim of the assessee under sections 80HH and 80J ? " The assessee/non-applicant is a firm which derived income from purchase and sale of forest products and also from rice milling. The Commissioner of Income-tax, on verification of the income-tax record, came to the conclusion that the assessment was erroneous and prejudicial to the interest of the Revenue for the following reasons : (i) Allowance under section 32A was wrongly allowed as the machinery of the value of Rs. 53,979 was second-hand machinery on which investment allowance was not allowable. (ii) Claim under section 80HH was wrongly allowed as : (a) the conditions stipulated in that section were not fulfilled, as the business was already in existence in 1....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....hould be given a reasonable opportunity of being heard." The Commissioner, therefore, set aside the order of assessment, vide annexure " B ". Aggrieved against the aforesaid order of the Commissioner of Income-tax, dated June 25, 1983 (annexure "B"), the assessee approached the Tribunal and the Tribunal examined the matter in detail and found that so far as the first question regarding investment allowance under section 32A was concerned, even the assessee himself did not press the relief and withdrew that relief. Therefore, in any case, so far as the orders of the Commissioner of Income-tax and the Income-tax Officer are concerned to that extent they have become final. Now, the only question remains regarding the enquiry into the inv....